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Prenuptial Agreement<br>Related Legal Information  

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Marital Property Issues - How is separate Property treated differently from marital Property?


For most couples, the difference between marital and separate Property matters very little. Typically it only becomes an issue if they divorce or if creditors attempt to reclaim Property.
 
Upon divorce, the importance of the distinction between marital and separate Property varies from state to state. Most states have laws that let judges divide Property fairly among the former spouses. In some states only the marital Property is subject to such division. In other states both marital and separate Property may be divided. 		 
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